Probable Cause - Searches

Anyways, one of these threads got me interested in the truth.
Where I work, there's always cops coming in.
I asked 2 sheriffs, they said smelling marijuana IS probable cause for a search. They don't have to see it. They also said a lot of cologne/purfume is suspicious acitvity, and could be probable cause.
I asked a local supervisor officer, he also said smelling mj is probable cause for a search. Also, he said he dosnt have to see it. He said they can't search for overdoing the colgone though. But it's the same on a person, they don't have the see you smoking, but if they smell it and you're in a group with like 10 dudes you dont know, they can search you and all 10 of them too.
Then I asked a FHP (highway patrol), he said the same thing: they don't have to see it, only if they smell it.

VERDICT IS: if an officer pulls you over and smells it, you're fucked. Unless he's a cool guy and all he does is makes you dump it down a drain or something.

I havnt talked to a lawyer, maybe someone can. But in the cops eyes, its probable cause at all levels. This is in the US by the way.

 

Thats fucked up considering the fact that a couple days ago i was standing behind a cop at a conveinence store buying a ton of food right after we had smoked. He probably could have smelled it too. If he had said anything we would have been screwed.

 

yep...happened to me once...only i know the cop couldnt smell anything, cause i hadnt smoked in my car, and it had been over 6 hours since i smoked at all. he searched me and found my pipe.

 

So...this is sorta good news, just smoke a blunt(make sure its all gone) and your on yer way

 

I don't know what to say...I guess in Canada it's different like I said in the other post. I'm sure all cops will search you but you could win in court with that case I studied. Is anyone really interested in the name and details of the case? If so tell me, cause I'll go back in my binder and look.

 

Yes they can quite easily claim probable cause if they smell it. Even if they dont smell it they can claim probable cause. If you have a bunch of stickers on your car they can claim probable cause. If you have long hair or dreads they can claim probable cause. They can claim probable cause for just about anything

And this is really fucked up: A few days ago a friend of mine got pulled over. The cops came up to his window and asked to search the car. He didnt give them consent to search his car or person and claimed the fourth amendment. They told him citing the fourth was indeed probable cause. ofcourse he didnt have anything on him and the cops looked like idiots. I'm very glad he got their badge numbers and taking this to court. What do you guys know about this?

 

Flavcool, I'd be interested if you can get the names.

A little case readings always fun.

And yea, you're good to go as long as you finished it all. Moral: Smoke the weed!!

 

Well you guys asked for it and here it is. Instead of writing out the case for you guys I found an article on the internet about it which was in the Toronto Star (A big newspaper in Toronto.)

Click here: http://www.hemp.net/news/9904/11/smell_not_sufficient.html

In fact, in this case, the court I think decided the search was reasonable, but not because they smelled, it because it was at 2AM in a bad neighbourhood plus the smell. Anyways check out the article.

 

Once upon a time in the late 1970's, maybe 1980, some people I might have known had they existed, were running speedboats filled with weed to a boat ramp in, let's say long beach calif.


The boats were kept in a wherehouse on trailers. They were towed to a boat ramp, placed in the water, and then would go 20 miles out to a freighter and load up. The speed boats returned riding low in the water from the wieght of the load.
They were than loaded back on the trailers and taken to the wherehouse.

The cops watched the whole deal. they busted everybody, at the wherehouse with all the weed.

Thier case for probable cause to enter the wherehouse:

1) The boats were obviously filled upon return, because they set low in the water.

Defense argued that it might have been fish- resonable doubt. The Judge agreed.

2) They could smell marijuana eminating from the wherehouse. Thousands of pounds smells strong as hell.

Defense: Smells can be imagined or misinterpreted. They can be carried on the wind. Perhaps the smell, even if it was weed, came from somewhere else. They were cops, not georgia bloodhounds. Reasonable doubt. The Judge agreed.

The load and all resources (good lawyers are expensive) were gone- but everyone went free. Illegal search and seziure.

The moral of the story is that cops are liars and full of shit to boot; never ask one for a legal opinion.

Good attorneys are righter than some self-serving pig when you get to court.

 

They can't bust you for being high if you don't have anything on you. So just don't have anything on you and you can smell like weed all you want. Except in your car.

 

^^ Exactly, what did I tell you...and that was with A LOT of weed.